Kevin A. Szanyi, Andrew O. Miller, and Steven Hamlin, successfully vacated a Temporary Restraining Order that enjoined two pharmaceutical companies, Fulgent Therapeutics, LLC and ANP Technologies, Inc. (collectively “Fulgent”) from developing their novel, paclitaxel based, cancer drug.
The Plaintiff alleged that Fulgent was using wrongfully obtained trade secret information to develop their new drug and obtained an ex parte Temporary Restraining Order (“TRO”) that required Fulgent to stop all work on their experimental drug.
Webster Szanyi mounted an aggressive challenge to both the TRO and the Plaintiff’s request for a preliminary injunction. Initially, we obtained a significant limitation to the TRO, allowing Fulgent to continue development of its novel drug.
Steve Hamlin led Webster Szanyi’s document discovery team. Using to the latest e-discovery software our firm reviewed and analyzed over three hundred thousand documents.
Kevin Szanyi and Andrew Miller handled the depositions. During a four week window, our attorneys engaged in nine depositions, many lasting 10 hours. During the depositions, Messrs. Szanyi and Miller obtained many favorable admissions from the Plaintiff’s witnesses.
Following the expedited discovery, Webster Szanyi moved to vacate the TRO and to deny Plaintiff’s motion for a preliminary injunction. We argued that, as a matter of law, Plaintiff could not establish the “irreparable harm” necessary to warrant the issuance of a preliminary injunction because the alleged competing drugs were four years away from obtaining FDA approval, and it was highly unlikely the FDA would approve both drugs.
Faced with these motions, Plaintiff stipulated to vacate the TRO and agreed to withdraw its motion for a preliminary injunction. The parties remain in litigation; however, Webster Szanyi’s clients are permitted to continue develop their novel cancer medicine without any restrictions.